New York state has cracked down on punishments for gun crimes due to recent events in the media over the last couple of years. The consequences of owning a gun illegally or being involved in a gun crime have escalated and have increased penalties. New York state is very strict when it comes to crimes involving guns. The charges that are a result of these crimes proves the severity of the crime in the eyes of the state. The NY SAFE Act was passed in 2013 and may be considered to be one of the most strict gun control laws in the country. If you face charges due to a gun violation or crime, you should seek legal counsel immediately to protect your future.
What is the NY SAFE ACT?
The NY SAFE Act has expanded upon the punishments involved in gun crimes. It outlines these punishments for violated gun crimes. Under New York state law, a permit is required to purchase and carry a handgun. Individuals must also register their handgun with a governing body and have a license to own it. A long gun, such as a rifle or shotgun, does not require individuals to have a permit to purchase or carry this type of gun. However, this only applies to those who own a long gun outside of New York City. Within the city, these laws can be different.
What can I expect when charged with a gun crime?
If you are found in possession of an unlicensed firearm, you may be charged with a felony. Without a license for a gun, the consequences can be more serious. Since assault weapons have been banned under the NY SAFE Act, you can be charged with a felony if you are found to have one of these in your possession. However, if this assault weapon was legally bought before the NY SAFE Act was put into effect then the charges will not be the same.
The maximum capacity for magazine size is limited to 10 rounds. New York state law has banned high capacity magazines. If you are found in possession of them, you can be charged with a felony. By selling a firearm without a license, you can be charged with a felony. The transportation of firearms throughout the state is another aspect to consider. New York law enforcement does not recognize the federal Firearm Owners Protection Act. This means that you can be arrested or detained if you are a non-resident that is transporting guns throughout the state. Although you can be following federal law, New York state does not comply with this law. This means you will face charges.If you are found to be in possession of a firearm while committing another crime, you can face even more serious consequences. These charges could lead to life-changing effects. In order to better understand what charges you are facing, contact our professional attorneys for advice and legal counsel.
If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.